L-1A Dismissed — Property Maintenance (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to prove that the beneficiary would be employed in a primarily managerial or executive capacity. The director determined that since the beneficiary was the only employee of the U.S. company, he would be primarily performing the day-to-day services essential to the business. The petitioner's claims of using independent contractors and planned hires were not sufficient to overcome the lack of a subordinate staff for the beneficiary to manage.

Criteria Discussed

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